The Department of Health and Human Services (HHS) increased civil monetary penalties due to cost of living increases of approx. 1.052%. Amounts are effective for penalties assessed against employer-sponsored health plans on or after March 17, 2022 for violations occurring on or after November 2, 2015.
Violations often occur due to failures in following HIPAA Security regulations such as conducting risk assessments or implementing various security measures to safeguard against the loss of electronic Protected Health Information (ePHI). Additional violations include failures to comply with HIPAA’s Privacy Rule, breach notification provisions, electronic health care transactions, and overseeing business associates.
To learn more about how employers may protect ePHI, visit ComplianceDashboard’s HIPAA10 homepage.
HIPAA Penalty Chart for 2022
Culpability |
Minimum Penalty/Violation |
Maximum Penalty/Violation |
Annual Limit |
|
Tier 1 |
Violations involving no knowledge | $127 | $63,973 | $1,919,173 |
Tier 2 |
Reasonable cause violations | $1,280 | $63,973 | $1,919,173 |
Tier 3 |
Willful neglect violations that are corrected | $12,794 | $63,973 | $1,919,173 |
Tier 4 |
Willful neglect violations that are not corrected | $63,973 | $1,919,173 | $1,919,173 |